HomeMy WebLinkAboutItem 3PLANNING COMMISSION NUMBER
STAFF REPORT 3
TO:
Planning Commission
FROM:
Director of Community Development
MEETING DATE:
JANUARY 16, 2018
SUBJECT:
PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
17-7 TO ALLOW THE ADDTION OF
APPROXIMATELY 25.9 SQ. FT. TO THE FIRST
FLOOR OF AN EXISTING RESIDENCE ON A
PROPERTY THAT IS NONCONFORMING DUE
TO SETBACKS IN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONING AREA.
LOCATION: 1011 ELECTRIC AVENUE
APPLICANT: STEVEN SENNIKOFF
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 18-1, APPROVING
Conditional Use Permit 17-7 with Conditions.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Conditional Use Permit 17-7
1011 Electric Avenue
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199-093-01
2,850 sq. ft.
1,942 sq. ft.
North: Residential High Density (RHD -20)
South: Open Space Parks and Recreation (OS -
PR)
East: Residential High Density (RHD -20)
West: Residential High Density (RHD -20)
This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption
pursuant to Section 15301(e)(2) of the Guidelines for the California Environmental Quality
Act (Public Resources Code Section 21000 at seq.) for the permitting of an addition that is
under 10,000 sq. ft. and all public services and facilities are available to allow maximum
development and the area is not environmentally sensitive.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
January 4, 2018 and mailed to property owners and occupants within a 500' radius of the
subject property on January 4, 2018, with affidavits of publishing and mailing on file.
VICINITY MAP
AERIAL MAP
Page 2 of 4
Conditional Use Permit 17-7
1011 Electric Avenue
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On April 3, 2017 the Planning Commission heard, reviewed conducted a noticed public
hearing on proposed Conditional Use Permit ("CUP") 17-2to allow the interior remodel and
addition of a second story to an existing single-family residence which is nonconforming
due to setbacks on the detached garage in the Residential High Density (RHD -20) zoning
area. At the conclusion of the public hearing, Tthe Planning Commission voted to approve
the request pursuant to Planning Commission Resolution No. 17-9, and the subject site
project is currently under construction. While under construction, the property owners have
now submitted this application for Conditional Use Perk 17-7 requesting to add additional
square footage to the front entry.
ANALYSIS:
Steven Sennikoff, on behalf of property owners David and Debbie Seror, ("the applicant")
filed an application for Conditional Use Perk 17-7 requesting approval to allow the
addition of approximately 25.9 square feet to the first floor of an existing single family
residence which is nonconforming due to setbacks on the detached garage. The subject
site is located on the north side of Electric Avenue between 10th and 1 P Street in the Old
Town area. The property is currently under construction to remodel the first floor and add
a second story to the single-family residence with a detached two car garage. The subject
site is located in the RHD -20 zone and is surrounded by residential uses on the north, east
and west sides and the greenbek to the south.
The subject property is nonconforming due to the east interior side yard setback of the
detached garage. According to Table 11.2.05.015 of the Seal Beach Municipal Code,
interior lot properties in the RHD -20 zone are required to maintain a side yard setback that
is 10% of the lot width, or a 3 ft. minimum, and a rear setback that is 24 feet minus the
alley width. The subject property measures approximately 26 feet wide by 110 feet deep.
Based on these dimensions, the development standard requires a side yard setback of 3
feet. The residence has a 3 foot side yard setback but the garage only has a side yard
setback of 1 foot along the east side. The rear year setback is required to be 9 feet as the
alley is 15 feet wide. The majority of the garage meets this setback but the property line is
angled and approximately 2'-6" of the northeast comer encroach into the 9 ft. setback by
up to 7 inches.
The applicant is proposing to add approximately 25.9 sq. ft. of habitable space to the first
floor living room. The proposed addition will not any bedrooms or bathrooms. The
proposed addition will not result in additional lot coverage as the areas of construction are
already covered by the existing structure and the pending remodel and second -floor
addition. The existing total lot coverage is 45.9%, which is less than the maximum 75% lot
coverage that is permitted in the RHD -20 zone.
Page 3 of 4
Conditional Use Permit 17-7
1011 Electric Avenue
The Seal Beach Municipal Code (SBMC § 11.4.40.020.) allows improvements which
involve the alteration or addition to single family residences that are nonconforming due to
setbacks. The proposed addition will add square footage to the first floor of a residential
structure that will conform to all the requirements of the Municipal Code. The Conditional
Use Permit is required due to the existing detached garage that does not meet setback
requirements. Although the proposed addition will add habitable space to the existing
residential structure, Tithe addition will not intensify the nonconforming setbacks. The
proposed addition is consistent with other residential properties and does not intensify the
existing nonconformity on the property because the addition is being proposed on an
existing structure that meets the setback requirements for the RHD -20 zone and will
maintain all required setbacks.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 18-1 approving CUP 17-7 to allow the
addition of approximately 25.9 sq. ft. on the first -floor of an existing single-family residence
on a nonconforming property at 1011 Electric Avenue.
Steve Fowler
Assistant Planner - Community Development
Attachments:
1. Resolution No. 18-1 — A Resolution of the Planning Commission of the City of Seal Beach Approving
Conditional Use Permit 17-7 to add approximately 25.9 sq. ft. on the first -floor of an existing single-family
residence which is nonconforming due to detached garage setbacks on a property located at 1011 Electric
Avenue in the Residential High Density (RHD -20) zoning area..
2. Project architectural plans.
Page 4 of 4
RESOLUTION NO. 18-1
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 17-7 TO ALLOW THE ADDITION OF
APPROXIMATELY 25.9 SQ. FT. TO THE FIRST FLOOR OF
AN EXISTING RESIDENCE ON A PROPERTY THAT IS
NONCONFORMING DUE TO SETBACKS LOCATED AT
1011 ELECTRIC AVENUE IN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Steven Sennikoff, on behalf of property owners David and
Debbie Seror, ("the applicant') submitted an application to the Community Development
Department for Conditional Use Permit 17-7. The proposed project includes the addition
of approximately 25.9 sq. ft. to the living room on the first story of an existing single
family residence which is nonconforming due to setbacks in the Residential High
Density (RHD -20) zoning area.
Section 2. This project is determined to be a Class 1 (Existing
Facilities) Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for
the California Environmental Quality Act (Public Resources Code Section 21000 at
seq.) for the permitting of an addition that is under 10,000 sq. ft. and all public services
and facilities are available to allow maximum development and the area is not
environmentally sensitive.
Section 3. A duly noticed public hearing was held before the Planning
Commission on January 16, 2018 to consider Conditional Use Permit 17-7. At the
public hearing, the Planning Commission received into the record all evidence and
testimony provided on this matter. The record of the hearing indicates the following:
A. The subject property is rectangular in shape with a lot area of
approximately 2,850 square feet. The property is approximately 26 feet wide by 110 feet
deep. The site is surrounded by residential uses on the north, east and west sides and
the greenbelt to the south.
B. On April 3, 2017 the Planning Commission heard, reviewed and
approved Conditional Use Permit ("CUP") 17-2 to allow the interior remodel and addition
of a second story to an existing single-family residence on the subject property,
pursuant to Planning Commission Resolution No. 17-9.
C. The subject property is currently undergoing construction as
authorized by CUP 17-2, to remodel the first floor and add a second story to an existing
single family residence with a detached two car garage at the rear. Based on the
existing setback conditions, the subject property is considered nonconforming because
the garage does not maintain the required east side yard setback and rear setback.
Page 1 of t
Resolution 18-1
1011 Eleohic Avenue
The proposed first -floor improvements to the living room will not expand any existing
nonconformity. The proposed addition will maintain all current required setbacks of the
house itself.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows
improvements, which involve the alteration or addition to residences that are
nonconforming due to setbacks. The addition is to add approximately 25.9 square feet
to the first floor to a residential structure that conforms to all the requirements of the
Municipal Code. The addition will not intensify the nonconforming setback as the
addition is proposed on the residential structure that meets all the requirements of the
Municipal Code.
E. The applicant is proposing to add approximately 25.9 square feet to
the first floor of a two-story residence. The proposed addition will not add bedrooms or
bathrooms to the existing residence. The proposed addition will not result in additional
lot coverage as the areas of construction are already covered by existing structures.
Upon completion of the improvements, the existing total lot coverage will remain
approximately 45.9%, which is less than the maximum 75% lot coverage that is
permitted in the RHD -20 zone.
Section 4. Based upon the facts contained in the record, including
those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20
of the Seal Beach Municipal Code, the Planning Commission makes the following
findings:
A. The proposed additions are consistent with the General Plan which
encourages architectural diversity in the Old Town area (Planning Area 1) while
ensuring compatibility between residential and commercial uses. The General Plan also
recognizes existing nonconforming land uses and permits minor alterations. The
proposed addition to the residence will allow for expansion of the living room and will
not expand any nonconformity and will be consistent with other surrounding properties.
The property is nonconforming because the detached garage does not meet the
required rear and side yard setbacks.
B. The proposed use is allowed within the applicable zoning district
with Conditional Use Permit approval and will comply with all other applicable provisions
of the Municipal Code. The subject site is located within the Old Town RHD -20 zone, an
area where the Seal Beach Municipal Code (Section 11.4.40.020) allows additions and
improvements such as the alteration or addition of habitable square footage to
nonconforming properties with approval of a Conditional Use Permit.
C. The proposed use, as conditioned below, will be located on a site
that is physically adequate for the type, density, and intensity of use being proposed,
including provision of services, and the absence of physical constraints. The subject site
is currently undergoing an interior remodel and the addition of a second story to an
existing single-family residence pursuant to previously approved CUP 17-2, and is
considered nonconforming due to setbacks only. The addition to the first floor of the
Page 2 of 4
Resolution 18-1
1011 Electric Avenue
residence will maintain development standards applicable to the RHD -20 zone. The
improvements will not increase density or cause a change beyond existing use of
property.
D. The location, size, design, and operating characteristics of the
proposed use, as conditioned below, will be compatible with and will not adversely
affect uses and properties in the surrounding neighborhood. The subject site is located
within the RHD -20 zone, which consists of properties developed as single family and
multi -family residences. The improvement will add approximately 25.9 square feet of
habitable space, and will remain similar to surrounding residential uses throughout the
RHD -20 zoned area.
E. The establishment, maintenance, and operation of the proposed
use will not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity. The addition to the first floor will not increase the existing lot
coverage of approximately 45.9 percent, and the lot coverage on the subject site will
continue to be under the maximum 75 percent lot coverage permitted in the RHD -20
zone. The subject site will continue to operate as a residential property, which is
consistent with the uses in the surrounding neighborhood.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Conditional Use Permit 17-7 for the addition of approximately 25.9 square feet
to the first floor of a single-family residence that is undergoing a remodel and second
floor addition and which is a nonconforming property subject to the following conditions:
1. Conditional Use Permit 17-7 is approved for the addition of approximately 25.9
square feet to the living room on the first floor to an existing single-family
residence which is nonconforming due to setbacks, on a nonconforming property
located at 1011 Electric Avenue.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 17-7. All new construction shall
comply with all applicable state and local codes.
3. The applicant is required to obtain all Building and Safety permits prior to
construction or demolition.
4. All materials, color, wall finishes and roof material must be consistent with
existing material and exterior finishes of the residential dwelling.
6. This Conditional Use Permit shall not become effective for any purpose unless
an "Acceptance of Conditions" form has been signed, notarized, and returned to
the Community Development Department; and until the ten (10) day appeal
period has elapsed.
7. The applicant shall indemnify, defend and hold harmless the City, its officers,
agents and employees (collectively "the City" hereinafter) from any and all claims
and losses whatsoever occurring or resulting to any and all persons, firms, or
Page 3 of 4
Resolution 19-1
1011 Electric Avenue
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Conditional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firth, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
8. This Resolution does not modify any terms, conditions or provisions of
Resolution No. 17-9, regarding CUP 17-2, all of which such terms, conditions and
provisions remain in full force and effect.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on January 16, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
Michael Thomas
Chairperson
Page 4 of 4
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